IDEA 2004: Building the Legacy
Part C (birth - 2 years old)
Note: This document has been delivered to the Office of the Federal Register but has not yet been scheduled for publication. The official version of this document is the document that is published in the Federal Register.
by the findings and decision in the due process hearing to appeal to, or request reconsideration of the decision by, the lead agency. If the lead agency establishes such procedures, those procedures must meet the same
requirements in §303.446(b), (c), and (d).
Changes: We have removed the authority for public agencies (other than the lead agency) to conduct due process
hearings in §303.446(b), consistent with §303.443(b), which
requires the lead agency to conduct the due process
hearing. We amended §303.446(b) to permit the lead agency
to establish procedures that would allow any party aggrieved by the findings and decision in the due process hearing to appeal to, or request reconsideration of the decision by, the lead agency.
Timelines and convenience of hearings and reviews
Comment: One commenter requested that the word “child” as
used in §303.447(d), concerning the requirement that each
hearing and each review involving oral arguments be conducted at a time and place that is reasonably convenient to the parents and child involved, be defined or removed.
Discussion: Section 303.6 defines the term child as it is used throughout this part.